Webinar: Extracting Case-Specific Information from Validation Studies

CSAFE invites researchers, collaborators, and members of the broader forensics and statistics communities to participate in our Spring 2022 Webinar Series on Tuesday, May 10, 2022, from 11:00am-Noon CST. The presentation will be “Extracting Case-Specific Information from Validation Studies.” 

Presenters:
Steve Lund
Mathematical Statistician – National Institute of Standards and Technology
Hari Iyer
Mathematical Statistician – National Institute of Standards and Technology

Presentation Description:
Forensic disciplines often summarize validation studies using average error rates. However, almost every forensic discipline has factors that affect the difficulty of a given case (e.g., quantity and quality of a questioned impression or sample), and average performance metrics fail to reflect the difficulty of the current case. This talk presents an approach to characterize the information a set of validation data provides about method performance in a given case.

The webinars are free and open to the public, but researchers, collaborators and members of the broader forensics and statistics communities are encouraged to attend. Each 60-minute webinar will allow for discussion and questions.

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Webinar: Shining a Light on Black Box Studies

CSAFE invites researchers, collaborators, and members of the broader forensics and statistics communities to participate in our Spring 2022 Webinar Series on Friday, April 22, 2022, from 11:00am-Noon CST. The presentation will be “Shining a Light on Black Box Studies.” 

Presenters:
Dr. Kori Khan
Assistant Professor – Iowa State University
Dr. Alicia Carriquiry
Director – CSAFE

Presentation Description:
The American criminal justice system heavily relies on conclusions reached by the forensic science community. In the last ten years, there has been an increased interest in assessing the validity of the methods used to reach such conclusions. For pattern comparison disciplines, however, this can be difficult because the methods employed rely on visual examinations and subjective determinations. Recently, “black box studies” have been put forward as the gold standard for estimating the rate of errors a discipline makes to assist judges in assessing the validity and admissibility of the analysis of forensic evidence. These studies have since been conducted for various disciplines and their findings are used by judges across the country to justify the admission of forensic evidence testimony. These black box studies suffer from flawed experimental designs and inappropriate statistical analyses. We show that these limitations likely underestimate error rates and preclude researchers from making conclusions about a discipline’s error rates. With a view to future studies, we propose minimal statistical criteria for black box studies and describe some of the data that need to be available to plan and implement such studies.

The webinars are free and open to the public, but researchers, collaborators and members of the broader forensics and statistics communities are encouraged to attend. Each 60-minute webinar will allow for discussion and questions.

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Webinar: Modeling And iNventory of Tread Impression System (MANTIS) – The development, deployment and application of an active footwear data collection system

CSAFE invites researchers, collaborators, and members of the broader forensics and statistics communities to participate in our Spring 2022 Webinar Series on Thursday, March 24, 2022, from 11:00am-Noon CST. The presentation will be “Modeling And iNventory of Tread Impression System (MANTIS): The development, deployment and application of an active footwear data collection system.” 

Presenters:
Dr. Richard Stone
Associate Professor – Iowa State University
Dr. Susan VanderPlas
Assistant Professor – University of Nebraska-Lincoln

Presentation Description:
This session will detail the development, capabilities and successful deployment of the Modeling And iNventory of Tread Impression System (MANTIS). MANTIS Optics Scanner takes real time video of gait as the shoe comes in contact with the cover place (again the clear portion). It synchronizes a series of video cameras to create a detailed image of the shoe that can later be processed by software such as Sift + Ransac to create the tread pattern for comparison. The cameras capture between 8 to 15 megapixels for the configuration below (four cameras located in the housing). The use of video optics is expandable to utilize the laser scanning option, though the current utilization focuses on optical capture, thus allowing for tread capture during dynamic movement, i.e. a person walking or running across the system.

The webinars are free and open to the public, but researchers, collaborators and members of the broader forensics and statistics communities are encouraged to attend. Each 60-minute webinar will allow for discussion and questions.

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Webinar: Using Mixture Models to Examine Group Differences: An Illustration Involving the Perceived Strength of Forensic Science Evidence

CSAFE invites researchers, collaborators, and members of the broader forensics and statistics communities to participate in our Spring 2022 Webinar Series on Thursday, December 9th, 2021, from 9:00-10:00 am CT. The presentation will be “Using Mixture Models to Examine Group Differences: An Illustration Involving the Perceived Strength of Forensic Science Evidence.” 

Presenter:
Naomi Kaplan Damary, PhD
Lecturer – The Hebrew University of Jerusalem

Presentation Description:
Forensic examiners compare items to assess whether they originate from a common source. In reaching conclusions, they consider the probability of the observed similarities and differences under alternative assumptions regarding the source(s) of the items (i.e., same or different source). These conclusions can be reported in various ways including likelihood ratios or random match probabilities. Thompson et. al., 2018 examined how lay people perceive the strength of these reports through the use of paired comparison models, obtaining rank-ordered lists of the various statements and an indication of the perceived differences among them. The current study expands this research by examining whether the population is comprised of sub-populations that interpret these statements differently and whether their differences can be characterized. A mixture model that allows for multiple sub-populations with possibly different rankings of the statements is fit to the data and the possibility that covariates explain sub-population membership is considered. A deeper understanding of the way potential jurors perceive various forms of forensic reporting could improve communication in the courtroom.

Associated Reading:
Insights: Using Mixture Models to Examine Group Differences Among Jurors

The webinars are free and open to the public, but researchers, collaborators and members of the broader forensics and statistics communities are encouraged to attend. Each 60-minute webinar will allow for discussion and questions.

Webinar: Improving Forensic Decision Making: a Human-Cognitive Perspective

CSAFE invites researchers, collaborators, and members of the broader forensics and statistics communities to participate in our Spring 2022 Webinar Series on Thursday, February 17th, 2022, from Noon-1:00 pm CST. The presentation will be “Improving Forensic Decision Making: a Human-Cognitive Perspective.” 

Presenter:
Itiel Dror
Cognitive Neuroscience Researcher – University College London

Presentation Description:
Humans play a critical role in forensic decision making. Drawing upon classic cognitive and psychological research on factors that influence and underpin expert decision making, this webinar will show the weaknesses and vulnerabilities in forensic decision making. The presenter will also propose a broad and versatile approach to strengthening forensic expert decisions.

Associated Reading:
Linear Sequential Unmasking–Expanded (LSU-E): A general approach for improving decision making as well as minimizing noise and bias

The webinars are free and open to the public, but researchers, collaborators and members of the broader forensics and statistics communities are encouraged to attend. Each 60-minute webinar will allow for discussion and questions.

Sign up on the form below (Chrome & Safari web browsers work the best):

 

 

Webinar: A Survey of Fingerprint Examiners’ Attitudes towards Probabilistic Reporting

This event took place on September 22, 2021. A recording of the event can be found below.

Presenter:
Simon Cole
Professor – University of California, Irvine

Presentation Description:
Over the past decade, with increasing scientific scrutiny on forensic reporting practices, there have been several efforts to introduce statistical thinking and probabilistic reasoning into forensic practice. These efforts have been met with mixed reactions—a common one being skepticism, or downright hostility, towards this objective. For probabilistic reasoning to be adopted in forensic practice, more than statistical knowledge will be necessary. Social scientific knowledge will be critical to effectively understand the sources of concern and barriers to implementation. This study reports the findings of a survey of forensic fingerprint examiners about reporting practices across the discipline and practitioners’ attitudes and characterizations of probabilistic reporting. Overall, despite its adoption by a small number of practitioners, community-wide adoption of probabilistic reporting in the friction ridge discipline faces challenges. We found that almost no respondents currently report probabilistically. Perhaps more surprisingly, most respondents who claimed to report probabilistically, in fact, do not. Furthermore, we found that two-thirds of respondents perceive probabilistic reporting as ‘inappropriate’—their most common concern being that defense attorneys would take advantage of uncertainty or that probabilistic reports would mislead, or be misunderstood by, other criminal justice system actors. If probabilistic reporting is to be adopted, much work is still needed to better educate practitioners on the importance and utility of probabilistic reasoning in order to facilitate a path towards improved reporting practices.

The data and materials used in this research are publicly available at: https://data.csafe.iastate.edu/ExaminerSurveyStudies/.

Associated Reading:
Insights: Mt. Everest—We Are Going to Lose Many

Insights: Mt. Everest— We Are Going to Lose Many

INSIGHTS

Mt. Everest—
We Are Going to Lose Many:

A Survey of Fingerprint Examiners’ Attitudes Towards Probabilistic Reporting

OVERVIEW

Traditionally, forensic examiners tend to use categorical language in their reports, presenting evidence in broad terms such as “identification” or “exclusion.” There have been efforts in recent years to promote the use of more probabilistic language, but many examiners have expressed concerns about the proposed change.

Researchers funded by CSAFE surveyed fingerprint examiners to better understand how examiners feel about probabilistic reporting and to identify obstacles impeding its adoption.

Lead Researchers

H. Swofford
S. Cole 
V. King

Journal

Law, Probability, and Risk

Publication Date

7 April 2021

Publication Number

IN 120 IMPL

Goals

1

Learn what kind of language forensic examiners currently use when reporting evidence.

2

Gauge attitudes toward probabilistic reporting and the reasoning behind those attitudes.

3

Explore examiners’ understanding of probabilistic reporting.

The Study

Results

Only 10% of participants reported using probabilistic language
0%
Only 2% actually used probabilistic language for the open-response question.
0%
58% felt that
probabilistic language was
not an appropriate direction
for the field.
0%
  • The most common concern was that “weaker,” more uncertain terms could be misunderstood by jurors or used by defense attorneys to “undersell” the strength of their findings.
  • Another concern was that a viable probabilistic model was not ready for use in a field as subjective as friction ridge analysis –– and may not even be possible.
  • While many felt that probabilistic language may be more accurate –– they preferred categorical terms as “stronger” –– and more in line with over a century of institutional norms.

Focus on the future

 

The views of the participants were not a handful of outdated “myths” that need to be debunked, but a wide and varied array of strongly held beliefs. Many practitioners are concerned about “consumption” issues –– how lawyers, judges, and juries will  understand the evidence –– that are arguably outside their role as forensic scientists.

While many participants expressed interest in probabilistic reporting, they also felt they were not properly trained to understand probabilities since it has never been a formal requirement. Additional education and resources could help examiners more confidently adopt the practice.

Insights: Judges and Forensic Science Education: A national survey

INSIGHTS

Judges & Forensic Science Education:

A national survey

OVERVIEW

Forensic evidence can play a crucial role in adjudicating a criminal trial. As scientific authorities scrutinize the reliability of many forensic methods, it is important for judges to be trained and educated to make more informed decisions. Since most judges lack a scientific background, additional training may play an important role. However, the effectiveness of additional training and how it affects judges’ perception of forensic evidence is unknown.

Lead Researchers

Brandon L. Garrett
Brett O. Gardner
Evan Murphy
Patrick Grimes

Journal

Forensic Science International

Publication Date

April 2021

Publication Number

IN 119 IMPL

Goals

In collaboration with the National Judicial College (NJC), researchers conducted a survey of 164 judges from 39 states who had participated in NJC programs in order to:

Learn judges’ backgrounds and training in forensic science.

Discover their views on the reliability of modern forensic disciplines.

Understand what additional materials and training judges need to better evaluate forensic science.

The Study

1

In part one, the judges described their past experience with forensic science and estimated a percentage of past cases that dealt with forensic evidence.

2

In part two, the judges reported the
amount of training they had involving forensic science, described the availability of training materials, and identified the resources they want in the future.

3

In part three, the judges described their familiarity with statistical methods and estimated the error rates in common forensic science disciplines.

Results

37.4% past cases involving forensic evidence
0%
14.7% past cases with hearings on admissibility of evidence
0%
13.5% past cases with forensic evidence ruled inadmissible
0%
  • An overwhelming majority received training on forensic evidence through further education as a judge but suggested more of this training should occur in law school.
  • They believed that DNA evidence was the most reliable form of forensic evidence –– and that bitemarks and shoeprints were the least reliable.
  • Judges who reported more extensive training were more likely to view themselves as gatekeepers of valid forensic science testimony and reported a higher percentage of evidence they ruled inadmissible.
  • On average, judges seem to underestimate the error rate of most forensic methods, though to a much lesser extent than lay people, lawyers, or even some forensic practitioners.
0%

of judges endorsed more than one week of training specific to forensic science evidence.

Focus on the future

 

The surveyed judges typically relied on journal articles, expert testimony, case law, and further education, but noted that these resources were not readily accessible. Additional education would help judges in their role as gatekeeper to prevent “junk science” being presented at trial.

Judges expressed a desire for additional training and online resources, especially in fields they rated as more reliable. Those include digital, DNA, and toxicology evidence –– these resources would allow judges to make more informed rulings on technical subjects.

Insights: Battling to a Draw

INSIGHTS

Battling to a Draw:

Defense Expert Rebuttal Can Neutralize Prosecution Fingerprint Evidence

OVERVIEW

While all forensic science disciplines pose some risk of error, the public typically believes that testimony from fingerprint experts is infallible. By employing rebuttal experts who can educate jurors about the risk of errors or provide opposing evidence, courts can counter this tendency. CSAFE funded researchers conducted a survey to study the effect of rebuttal experts on jurors’ perceptions.

Lead Researchers

Gregory Mitchell
Brandon L. Garrett

Journal

Applied Cognitive Psychology

Publication Date

4 April 2021

Publication Number

IN 118 IMPL

Goals

1

Determine if a rebuttal expert’s  testimony can affect jurors’ beliefs in the reliability of fingerprint evidence.

2

Examine the responses of jurors with different levels of concern about false acquittals versus false convictions.

The Study

1000

Participants completed a survey which included questions regarding their concerns about false convictions or false acquittals.

The participants were then assigned to random mock trial conditions:

Control condition with no fingerprint evidence

Fingerprint expert testimony with no rebuttal

A methodological rebuttal: the expert focuses on the subjective nature of fingerprint analysis as a whole

An “inconclusive” rebuttal: the expert opines their own comparison was inconclusive due to the poor quality of the evidence

An “exclusion” rebuttal: the expert states that their own comparison shows the defendant could not have been the source of the fingerprints

Results

Trial Condition

% Voting for Conviction

Trial Error Aversions

Mean Likelihood D Committed Robbery

Focus on the future

 

While exclusion and inconclusive rebuttals provided the best results for the defense, the methodological rebuttal still significantly impacted the jurors’ views on fingerprint evidence.

Traditional cross-examination seems to have mixed results with forensic experts. This implies that a rebuttal testimony can be more effective and reliable, while producing long-term changes in jurors’ attitudes.

While a rebuttal expert’s testimony can be powerful, much of that power depends on the individual jurors’ personal aversions to trial errors. This could be an important consideration for jury selection in the future.

Check out these resources for additional research on forensic evidence and juries:

Insights: Forensic Science in Legal Education

INSIGHTS

Forensic Science in Legal Education

OVERVIEW

In recent years, new expert admissibility standards in most states call for judges to assess the reliability of forensic expert evidence. However, little has been reported on the education and training law schools offer to law students regarding forensic evidence. Researchers funded by CSAFE conducted a survey to find out how many schools offer forensic science courses, and they also examine the state of forensics in legal education as a whole.

Lead Researchers

Brandon L. Garrett
Glinda S. Cooper
Quinn Beckham

Journal

Duke Law School Public Law & Legal Theory Series No. 2021-22

Publication Date

15 February 2021

Publication Number

IN 117 IMPL

Goals

1

Review the curricula of law schools across the United States.

2

Discover how many schools offer forensic science courses and what level of training they provide.

3

Discuss the survey results and their implications for the legal education system at large.

The Study

The 2009 National Academy of Sciences Report called for higher quality scientific education in law schools, citing the lack of scientific expertise among lawyers and judges as a longstanding gap. The American Bar Association then adopted a resolution calling for greater forensic sciences training among law students.

In late 2019 and Spring 2020, Garrett et al. searched online listings of courses for 192 law schools included on the 2019 News and World Report ranking list. They then sent questionnaires to faculties of these schools and requested syllabi to examine the coverage of forensic science courses the schools offered.

With the data in hand, Garrett et al. could examine the type of forensic science-related coverage at law schools in the United States.

Results

  • Only 42 different forensic science courses were identified by the survey, and several schools did not offer any of these courses at all.
  • Across the board, the courses offered were all for upper-level students, and many courses were not offered every year, further limiting students’ access to forensic science training.

Only two of the reported courses mentioned teaching statistics or quantitative methods; the vast majority only covered legal standards for admissibility of expert evidence.

  • Compounding this lack of access was a low degree of demand. None of the responding faculty reported having large lecture courses; in fact, many reported class sizes of fewer than twenty students.

Focus on the future

 

The results of this survey suggest that the 2009 NAS Report’s call for higher standards in forensic science education remain highly relevant and that continuing legal education will be particularly useful to addressing these needs.

In addition to specialty courses in forensics, more general courses in quantitative methods, during and after law school, could provide a better understanding of statistics for future and current lawyers and judges.

There is still much work to be done in order to ensure greater scientific literacy in the legal profession. To quote Jim Dwyer, Barry Scheck, and Peter Neufeld, “A fear of science won’t cut it in an age when many pleas of guilty are predicated on the reports of scientific experts. Every public defender’s office should have at least one lawyer who is not afraid of a test tube.”